Sunday, April 5, 2015

Animal rights activists outraged over plea deal in cat abuse case

MICHIGAN -- A plea deal for a man who abused a cat so badly that it ended up with broken bones has created a social media fire storm.

But prosecutors say the reason behind the plea deal could actually mean more time behind bars for the man.

After being charged with animal abuse and domestic violence nearly three years ago, Randy DeJarnette turned himself in back in September.

Recently, prosecutors offered him a plea deal that reduces the two felonies to one and one misdemeanor relating to the abuse of the animal.


 
Now some animal rights activists are outraged and they have created an online petition (which garnered more than 17,000 signatures) and Facebook page.

They say DeJarnette violently abused a cat named Olivia. The cat suffered fractures to her ribs and hips.

In that online petition, the Saginaw County Prosecutor's office is scolded for cutting a deal, saying DeJarnette is getting off easy.

The woman behind the petition works at the Veterinary Health Center in Saginaw Township. TV5 reached out to her for a comment, but we're told she was performing an emergency surgery.

But is an animal abuser really getting off easy in this case?

TV5 reached out to the Saginaw County Prosecutor's office. Here's what they had to say.

Saginaw County's Assistant Chief Prosecutor Chris Boyd says the people behind the petition drive got it all wrong.


"I think some people are uninformed and they don't know how the system operates," says Boyd. "People are assuming because the charges were reduced to a misdemeanor that the ability for the judge to sentence has been lowered."

Boyd says that is simply not true. In fact, he says in this case a plea deal allows the judge to issue a longer sentence because the cat is not the only victim as some have made it seem.

What is he talking about?

In my state, a plea deal on two Felonies would be a maximum of three years each and you could insist that he serve them CONSECUTIVELY (one after the other) rather than CONCURRENTLY (at the same time). This way, he would be on probation for 6 YEARS.

The maximum on a Misdemeanor is 1 year so there is NO WAY that a Misdemeanor is better than a Felony.

What is happening here is that the DA's office didn't want to risk a trial so they accepted a plea deal. The guy pleads to 1 Felony and 1 reduced charge of a Misdemeanor.

So he could be on probation for 4 years (using my state as an example)... but 4 years would only apply IF the DA's office insisted that he serve them CONSECUTIVELY (one after the other). Most of the time they let the suspect serve the sentence CONCURRENTLY.

Boyd says that the uproar and confusion in this case could have easily been avoided with one simple phone call.

DeJarnette's sentencing is set for April 14. TV5 will keep you posted.

ORIGINAL STORY:
On May 18, 2011, in Saginaw, MI, Randy DeJarnette repeatedly punched a 15-month-old, 6-lb cat in the face and broke both of her rear legs.

The cat and her feline housemate were removed from the home of DeJarnette’s girlfriend (who was also beaten) with the assistance of the Saginaw County Sheriff’s Department.

Radiographs of the cat revealed 11 fractures, ALL at different stages of healing indicating that the cat had been tortured on MULTIPLE occasions during the 9 months she lived with the couple.

DeJarnette fled Saginaw County with the assistance of his girlfriend to avoid arrest. On March 9, 2015 Saginaw County Prosecutors offered DeJarnette a plea bargain and reduced charges to Domestic Violence, 2nd Offense and Animal Abandonment/Abuse.

He will be sentenced April 14, 2015.
(WNEM Saginaw - Mar 25, 2015)

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